Cancer misdiagnosis and delayed diagnosis claims
We trust our doctors to give us the best care when we think something isn’t right. So when your cancer diagnosis is delayed, or worse, misdiagnosed this can be devastating.
It could mean that the treatment you require is delayed allowing the cancer to progress unchecked, significantly impacting your prognosis. Or it could mean you have been incorrectly diagnosed with cancer and might receive unnecessary treatment.
We’re here to support you at every stage.
Delayed cancer diagnosis
Early detection is often key to effective treatment. When there is a delay, cancer may advance to a more serious stage, which can make treatment less effective and affect your overall outlook. Generally speaking, a delay in diagnosis or the diagnosis being missed is more common than getting a wrong diagnosis.
Delays in diagnosis for cancer cases can occur where imaging reveals something potentially suspicious that merits further investigation but for various reasons (eg x-ray report is filed without anyone seeing it).
If a doctor fails to diagnose you with cancer it can go unnoticed for a long period of time. Symptoms aren’t properly investigated, test results can be misinterpreted or the possibility of cancer can be completely overlooked.
You might miss out on vital treatment to stop the cancer growing. This could lead to you having more aggressive treatment or in the most severe cases it could impact your chances of survival.
Wrong diagnosis
Occasionally doctors can mistakenly diagnose a different illness as cancer or you could be wrongly diagnosed with cancer. If this happened and you later discover the diagnosis was wrong, you might be able to seek compensation.
Waiting too long for the right treatment for a serious condition can make things worse but getting intense treatment for a condition you don’t have can also have negative effects on your health.
Cancer Misdiagnosis
This could happen if your doctor misreads your test results. If tests such as biopsies, mammograms or blood tests are not looked at accurately then it could lead to a misdiagnosis.
An example of a cancer misdiagnosis would be where you have been told you have a cancerous tumour which is actually benign. You might have started chemotherapy or had surgery to remove the tumour - none of which was needed.
No matter what, it is important to understand this is not your fault. It is crucial for doctors to handle each case with the utmost care and diligence and give you an accurate diagnosis.
However there are some common symptoms that apply to a broad range of cancers including:
- Unusual lumps
- Unexplained weight loss
- Fatigue
- Chronic pain
These symptoms aren’t just linked to cancer. They are associated with loads of other health conditions and it is this overlap that can sometimes lead to a delay in your cancer diagnosis.
It is important that any of your symptoms are thoroughly investigated by doctors with the appropriate tests and scans. If your symptoms were initially overlooked or mistakenly linked to a less serious condition, only to later find out you have cancer, you might have grounds for a claim.
When to question a diagnosis
One of the signs to look for is if your treatment is not improving your symptoms. If you have been diagnosed with asthma or pneumonia and although you have been given treatment your symptoms still persist, this could be a sign that you have been given the wrong diagnosis.
You might also question a diagnosis if medical professionals didn’t take your concerns seriously, didn’t order the necessary tests, or dismissed your symptoms without proper investigation.
Your concerns deserve attention, and your health should always come first.
Which cancers are most commonly missed?
Some cancer symptoms often resemble those of less serious health issues, making it challenging to identify the true cause early on.
Bowel and lung cancers are quite commonly seen in our delay cases. The symptoms for these types of cancer can be mistaken for less severe conditions i.e. irritable bowel syndrome or pneumonia.
How long do I have to make a claim?
In general terms, you have three years from the date of an accident to file an injury claim for compensation in Scotland. However, for cases where cancer diagnosis has been delayed it can be more complex.
Knowing the exact date to go from can be even more confusing. For misdiagnosed or delayed diagnosis of cancer the timebar starts three years from the date when you are made aware or should have been aware that there has potentially been a misdiagnosis from a medical professional.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Here to help you
Digby Brown has helped many people over the years to seek legal action against the NHS and private healthcare providers for medical negligence in the UK.
We offer free legal advice and are here to help. If you would like to talk to a specialist solicitor about your misdiagnosis, please complete our clinical negligence form and give as much detail as you can.
Why choose Digby Brown?
Our team, headed by Ruth Kelliher, are experts within this area of law and have the experience to guide you through your clinical negligence claim.
Digby Brown are members of Action Against Medical Action and the majority of the clinical negligence team also hold specialist accreditation with the Law Society of Scotland. Ruth is also a recognised clinical negligence specialist by Chambers Legal Guide.
The team is dedicated to supporting you throughout this difficult time.
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